Byrne gave details of the threat in an affidavit read out in the High Court last Thursday, where TV3 successfully sought an injunction restraining her from broadcasting on Newstalk until October pending a full hearing of its case against Byrne and Newstalk.

In the affidavit Byrne said she was taken aback by TV3's attitude and the threat of legal action which she said was made by TV3's director of news Andrew Hanlon. "I requested permission to participate in promotional activity for [the station] in advance of Newstalk broadcasting on a national basis but this was denied by Mr. Hanlon and he threatened me with legal action should I carry out any promotional work for the [Newstalk]. In fact Mr Hanlon warned me to make no mistake but that it would be me, not Newstalk, who would suffer should I participate in promotional activity, " she said.

Byrne had been co-presenting the breakfast show on Newstalk since 2 October and fulfilling her duties with TV3 but the television station took exception to this. It is also seeking to enforce a non-compete clause in the broadcaster's contract which, she said, was inserted solely on the understanding that she would not leave TV3 to work for RTE television.

In her affidavit she points out that she had filled in for various Newstalk presenters on 27 separate occasions over the past year while still under contract at TV3 and the station had never raised an objection or sought to enforce the non-compete clause.